TESTS designed to prove the “gayness” of asylum seekers have been ruled unlawful by the European Union’s highest court.

Applicants needing to “demonstrate their homosexuality” by answering invasive questions about their sexual experience or submitting videos of themselves are no longer allowed, the European Court of Justice (ECJ) said last week.

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The landmark ruling followed the denial of three gay men’s applications for asylum in The Netherlands on the basis that evidence proving their sexualities was not compelling enough.

Sexuality checks must now abide by the European Charter on Human Rights and respect applicant’s private and family lives.

Interviews must determine only “facts and circumstances”, such as their sexual orientation, and questioning cannot delve into the applicant’s sexual history.

Furthermore, failure to answer personal questions and not immediately divulging information are not sufficient grounds for rejection.

Interrogations and video evidence would be disallowed even if volunteered by the asylum seekers themselves.

“The court makes clear that, besides the fact that such evidence does not necessarily have probative value, such evidence would of its nature infringe human dignity,” the court stated in its ruling.

The decision comes at a time when the EU has seen more people seeking refuge from many African nations.

Meanwhile in Australia, in order to gain refugee status, many gay asylum seekers subject themselves to undignified practices.

Reports have emerged indicating that they must prove their sexuality as well as provide evidence assessing the likelihood of facing persecution in their countries of origin.

The Refugee Review Tribunal in 2013 overturned the appeals of two gay Bangladeshi men on the grounds that their sexuality was not supported by credible evidence.

The case offers a glimpse into the climate of suspicion and uncertainty that gay people seeking asylum in Australia face.

RELATED: The Catch-22 of asylum seekers

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